Chappell v. Apple Computer Incorporated

Filing 21

ORDER by Judge Lucy H. Koh denying as moot 12 Motion to Dismiss. (lhklc3, COURT STAFF) (Filed on 7/24/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
Northern District of California

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LAMONT CARL CHAPPELL,
Plaintiff,

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Case No. 16-CV-03101-LHK
ORDER DENYING DEFENDANT’S
MOTION TO DISMISS AS MOOT

v.

Re: Dkt. No. 12
APPLE COMPUTER INCORPORATED,
Defendant.

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On July 1, 2016, Defendant Apple Computer Inc. (“Defendant”) moved to dismiss Plaintiff

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LaMont Carl Chappell’s (“Plaintiff”) complaint. ECF No. 12. In response, on July 22, 2016,

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Plaintiff filed a First Amended Complaint. ECF No. 20.

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Plaintiff may amend the complaint once without a Court order within “21 days after

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service of a motion under Rule 12(b).” Fed. R. Civ. P. 15(a)(1)(B). Defendant served a motion to

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dismiss under Rule 12(b) by mail on July 1, 2016. ECF No. 13. Because service was made by

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mail, the deadline for Plaintiff to amend the complaint is extended by “3 days . . . after the period

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would otherwise expire.” Fed. R. Civ. P. 6(d). Accordingly, Plaintiff had 24 days from July 1,

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2016, or until July 25, 2016, to amend the pleadings in response to Defendant’s motion to dismiss.

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Plaintiff filed the First Amended Complaint on July 22, 2016. ECF No. 20. In light of the timely

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Case No. 16-CV-03101-LHK
ORDER DENYING DEFENDANT’S MOTION TO DISMISS AS MOOT

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First Amended Complaint, the Court DENIES AS MOOT Defendant’s motion to dismiss

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Plaintiff’s original complaint. See Lasher v. City of Santa Clara, 2011 WL 1560662, at *2 (N.D.

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Cal. Apr. 25, 2011) (denying motion to dismiss as moot after amended complaint was filed). The

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Court also VACATES the hearing on Defendant’s motion to dismiss scheduled for September 8,

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2016, at 1:30 p.m.

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Because Plaintiff is acting pro se, the Court REFERS Plaintiff to the Federal Pro Se

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Program. The Federal Pro Se Program provides free legal advice to pro se individuals.

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Appointments may be made with the Federal Pro Se Program by calling [phone], or by

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stopping by Room 2070 at the San Jose Courthouse, 280 South First Street, San Jose, CA 95113.
More information is available at http://www.cand.uscourts.gov/helpcentersj.

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United States District Court
Northern District of California

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IT IS SO ORDERED.

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Dated: July 24, 2016
______________________________________
LUCY H. KOH
United States District Judge

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Case No. 16-CV-03101-LHK
ORDER DENYING DEFENDANT’S MOTION TO DISMISS AS MOOT